jurisdiction of high court in malaysia

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Should the Second class Magistrate opine that he does not have enough in terms of jurisdictional or sentencing power, he may take the necessary steps to adjourn the case for trial  by a First class Magistrate, as provided for in the proviso to section 88 of the Act.

Change ). Pass any sentence other than the death sentence. When talking about the Magistrates’ Court, one must bear in mind that there exist Magistrates of two types, First class and Second class. This court replaced the Juvenile Court constituted for trying minors previously. However, cases such as PP v Tengku Hitam [1962] MLJ 414 and Abdul Wahab v PP [1970] 2 MLJ 203 given the said provision an unnecessarily restrictive construction by stating that the Prosecution has a duty to choose with care as to which court possesses the requisite sentencing jurisdiction sought by the Public Prosecutor before going on to prosecute his case, and that section 87(2) can only be invoked when the case takes an unexpected turn and that the Magistrate’s basic sentencing powers are found wanting and furthermore knowledge of previous convictions can only be adduced after trial. It is mainly the first and the third kind that concern criminal law. Tagged with Criminal procedure. With respect, such a construction does not serve the true intention of the provision which makes no mention of such limitations, and only serves to inhibit the Prosecutor’s unfettered discretion to prosecute in a Court of his choice under Article 145 of the Federal Constitution. Above the courts hereto mentioned, there is the High Court, the Court of Appeal and finally the country’s apex court, the Federal Court. The Superior Courts – Malaysian legal system hierarchy comprises the Malaysian High Court, the Court of Appeal, the Federal Court and the Court of Sarawak and Sabah. It can try any criminal case irrespective of the gravity and any civil case regardless of value although in respect of the latter, in most instances, it hears matters, which cannot be determined in the subordinates courts. Jurisdiction to try all other actions of a civil nature (not exceed RM1,000,000.) The exercise of this power was seen in the case of Cheong Ah Cheow v PP[1985] 2 MLJ 257 and the case of PP v Yap Sin Peng [1986] 2 MLJ 66 wherein the Magistrate had awarded the maximum RM20,000 fine in both cases respectively, and these decisions were upheld. Previously, prior to 1978 in respect of criminal matters, the Judicial Committee of the Privy Council, UK was the apex court of Malaysia, like so many other Commonwealth realms. The First class Magistrate of course, has much more in terms of sentencing and jurisdictional power, and these are provided for within sections 87 and 85 of the Subordinate Courts Act 1948 respectively.

If so, can the minor’s name be revealed in the media once charged? These are superior courts that are created by the Federal Constitution of Malaysia (specifically by Article 121 and the few Articles following) and organised by the Courts of Judicature Act 1964. First we shall start with the Penghulu’s Court. The High Court has jurisdiction to try all civil matters but generally confines itself to matters on which the Magistrates and Sessions Courts have no jurisdiction. ( Log Out /  The offender also has a right to be tried by a Magistrate instead (Section 95(3)).

Section 87(2) gives the Magistrate further authority to punish in excess of his jurisdiction where the accused has previous convictions and provided that the Magistrate records his reasons for doing so. Hi, just wondering if you know of any cases where a minor has been tried in normal courts for serious offences (amounting to mandatory imprisonment) and not the Child court. This makes the High Court an appellate court as well. Those judgments made by the court while it was still a Malaysian court are still binding, see the decision of the Federal Court in Dalip Bhagwan Singh v PP [1998] 1 MLJ 1. Change ), You are commenting using your Twitter account.


There are also exceptions to the limitation on the First class Magistrate’s power. THANZ FOR THIS GREAT INFORMATION..WHEN THE PART 2 WILL BE READY?

These are superior courts that are created by the Federal Constitution of Malaysia (specifically by Article 121 and the few Articles following) and organised by the Courts of Judicature Act 1964. ( Log Out /  The offender must be one of an Asian race and able to speak the Malay tongue.

The High Court exercise unlimited criminal jurisdiction to try all civil proceedings within the local jurisdiction of the court. Together these courts constitute what are called the lower courts and are governed with reference to the Subordinate Courts Act 1948 (formerly the Courts Ordinance, 1948). Having despensed with elaboration as to what courts exist in Malaysia we will proceed to examine the criminal jurisdictions conferred on each court in respect thereof. You may have also noticed that the High Courts are split into “Malaya” and “Sabah and Sarawak”. 23 September 2009 If you're from Malaysia, a law student or even a budding lawyer, simply leave a comment in any of the posts and we will get back to you. 47 of 1953) where the Magistrate has power to impose a fine of not less then RM 20,000 and not more than RM 200,000 and up to five years imprisonment or both.
Superior Courts (High Court, Court of Appeal, Federal Court) High Court Above the courts hereto mentioned, there is the High Court, the Court of Appeal and finally the country’s apex court, the Federal Court. ( Log Out /  The proviso to section 87(1) for example, states that the Magistrate may award in excess of the power proscribed where any law gives him the authority, and some examples include section 118 of the Customs Act 1967, section 41 of the Dangerous Drugs Act 1952 and section 6(3) of the Betting Act 1953 (formerly the Betting Ordinance, 1953 or Ordinance No. High Court – The High Court has general revisionary and supervisory jurisdiction over all Subordinate Courts and hears appeals related to criminal and civil cases from Subordinate Courts. The two High Courts in Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate Courts, and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters. Before discussion can commence however we need to look at the hierarchy of Malaysian courts, which can breifly be illustrated by the following diagram; Going by the diagram above, quite obviously the lowest court that exists is the Penghulu’s court (with respect to Peninsula Malaysia) and the Native’s court (in the case of Sabah and Sarawak). The criminal jurisdiction of other Malaysian courts, namely the Sessions Court, the High Court and the Court of Appeal will be examined in the next part. Criminal matter: Try all offences other than those punishable with death. There is also a seperate Court for Children constituted under the Child Act 2001. The First class Magistrate is vested with the power to try offences punishable with a term of imprisonment not exceeding ten years or punishable with fine only, as well as the power to sentence to a term of imprisonment not exceeding five years or a fine not exceeding RM10,000 or whipping not exceeding 12 strokes, or any combination of the three. It must be noted however, that a Magistrate does not have jurisdiction over Constitutional matters, as acknowledged in the case of Repco Holdings Bhd v PP [1997] 3 MLJ 681. Common sense of course dictates that the lower courts would have more limits in terms of what subject matters they are able to ajudicate upon compared to the higher courts. ( Log Out /  This is followed by the Magistrates’ courts (consisting of First and Second class Magistrates) and the Sessions court. Commencing an action in a Malaysian court, Judicial Committee of the Privy Council, UK, Consumer Protection (Amendment) Bill 2010 deals with unfair contract terms. There exist three types of jurisdiction, firstly subject matter jurisdiction, secondly local jurisdiction, thirdly sentencing jurisdiction and finally extraterritorial jurisdiction. Section 95 of the Subordinate Courts Act 1948 states that the penghulu shall have jurisdiction to try offences of a minor nature, enumerated in his Kuasa, and can impose a fine of not more than RM25 (Section 96). The jurisdiction of the Second class Magistrate, contained within section 88 of the Subordinate Courts Act 1948, is with respect to trying offences punishable with a term of imprisonment not exceeding twelve months or punishable with fine only, and sentencing to a term of not more than six months jail or a fine not exceeding RM1,000 (Section 89). Filed under Criminal Law, Procedural Law Remember to include pertinent details such as your e-mail, please.

Change ), You are commenting using your Google account. Are Liberal Judges really ‘Judicial Activists’. In this article we will discuss the jurisdiction of the courts in Malaysia with respect to criminal matters. Change ), You are commenting using your Facebook account.

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